Agenda 02/26/2004 SPOKANE VALLEY PLANNING COMMISSION
AGENDA
Council Chambers - City Hall 11707 E. Sprague Avenue
6:30 p.m.-9:30 p.m.
* * * February 26,2004 * * *
I. CALL TO ORDER
II. PLEDGE OF ALLEGIANCE
III. ROLL CALL
IV. APPROVAL OF AGENDA
V. APPROVAL OF MINUTES
• February 12, 2004
VI. PUBLIC COMMENT
VII. COMMISSION REPORTS
VIII. ADMINISTRATIVE REPORT
Xl. COMMISSION BUSINESS
New Business:
• Public Hearings
1) Article I of the Uniform Development Code
• Discussion of Community Meeting Format
X. FOR THE GOOD OF THE ORDER
XI. ADJOURNMENT
COMMISSIONERS CITY STAFF
Fred Beaulac Marina Sukup, AICP
Robert Blum Greg McCormick,AICP
John G. Carroll Scott Kuhta,AICP
David Crosby Debi Alley
William Gothmann, Chair
Gail Kogle
Ian Robertson, Vice-Chair www.spokanevalley.orq
CITY OF SPOKANE VALLEY
Request for Commission Action
Meeting Date: February 26, 2006 City Manager Sign-off:
Item: Check all that apply: ❑consent 0 old business 0 new business ® public hearing
0 information 0 admin. report 0 pending legislation
AGENDA ITEM TITLE: Consideration of an Ordinance establishing Article I Section 1.20 of
the Spokane Valley Uniform Development Code relating to
Enforcement & Penalties; repealing ordinances in conflict, providing
for severability and effective date.
GOVERNING LEGISLATION: RCW 7.80 et seq.
PREVIOUS COUNCIL ACTION TAKEN: Zoning Code Compliance Ordinance No. 03-078 was
adopted on September 17, 2003
BACKGROUND: The provisions of the Zoning Code Compliance (Ordinance No. 03-078), with
minor modifications, provides the necessary authority and procedural tools for the uniform
enforcement of many land use violations, including those related to planning, engineering
design, building and floodplain regulations, as well as zoning.
The proposed provisions generally replace the word "Director" which related specifically to the
Community Development Director with "City" or"authorized representative of the City". This will
enable the Director of Public Works, the Building Official and the Community Development
Director, or other official identified by specific regulation, to enforce provisions of the Code in a
uniform manner. The word "citation" has been replaced with "notice of violation" throughout,
inasmuch as citations are permitted only sworn peace officers.
OPTIONS: No action.
RECOMMENDED ACTION OR MOTION: Approval.
BUDGET/FINANCIAL IMPACTS: Not Applicable.
STAFF CONTACTS: Marina Sukup, AICP, Community Development Director
Cary Driskell, Deputy City Attorney.
ATTACHMENTS Draft Ordinance
ORDINANCE NO. 04-
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON,
ESTABLISHING ARTICLE I SECTION 1.20 OF THE SPOKANE VALLEY UNIFORM
DEVELOPMENT CODE RELATING TO ENFORCEMENT AND PENALTIES;
REPEALING ORDINANCES IN CONFLICT; AND PROVIDING FOR
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS,Ordinance No.03-078 was published on September 12,2003; and
WHEREAS, It is the policy of the City of Spokane Valley to emphasize code compliance by education and
prevention as a first step;and
WHEREAS,this policy is designed to ensure code compliance and timely action that is available to all persons
and is uniform in its implementation;and
WHEREAS,It is the intention of the City to pursue code compliance actively and vigorously in order to protect
the health,safety and welfare of the general public;
NOW,THEREFORE,the City Council of the City of Spokane Valley,Washington,do ordain as follows:
Section 1. Article I of the Spokane Valley Development Code is hereby established pursuant to Attachment
"A"made a part hereof for all purposes.
Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section,sentence,clause or phrase of this ordinance
Section 3. Effective date. This ordinance shall be in full force and effect five(5) days after publication of this
ordinance or a summary thereof in the official newspaper of the City as provided by law.
Approved by the City Council this day of ,2004.
Michael DeVleming,Mayor
ATTEST:
Christine Bainbridge,City Clerk
Approved as to form:
Cary P.Driskell,Deputy City Attorney
Date of publication:
Effective date:
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Attachment"A"
ARTICLE I
Section 1.0.-1.19. Reserved.
Section 1.20. Enforcement and Penalties.
1.20.01.—Definitions.
A. "abate" means to take whatever steps are deemed necessary by the Director to ensure that
the property complies with applicable code requirements. Abatement may include, but is not limited
to, rehabilitation, demolition, removal, replacement or repair.
B. "civil code violation" means and includes an act or omission contrary to:
1. Any ordinance, resolution, regulation or public rule of the City that regulates or protects
the use and development of land or water; and/or
2. The conditions of any permit, notice and order or stop work order issued pursuant to
any such ordinance, resolution, regulation or public rule.
C. "The City" means the City of Spokane Valley, Washington, acting by and through the
authorized representatives and agents designated by the City Manager.
D. "days"will be counted as business days when five or less days are allowed to do an act
required by this Ordinance. "days"will be considered calendar days when more than five days are
allowed to do an act required by this Ordinance.
E. "determination of compliance" means a written statement from the Director or designee City
that the Director has reviewed evidence to determine that the violation(s) has been sufficiently abated
as to the violation(s) stated in the voluntary compliance agreement, citation notice of violation, notice
and order or stop work order.
designees) authorized in writing.
G. "found in violation" means"
1. That a citation notice of violation, notice and order or stop work order has been issued
and not timely appealed; or
2. That a voluntary compliance agreement has been entered into; or
3. That the Hearing Examiner has determined that the violation has occurred and such
determination has not been stayed or reversed on appeal.
H. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided by City
of Spokane Valley Ordinance number 57 as adopted or hereafter amended.
"mitigate" means to take measures, subject to City approval, to minimize the harmful effects of
the violation where remediation is either impossible or unreasonably burdensome.
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J. "permit" means any form of certificate, approval, registration, license or any other written
permission issued by the City. All conditions of approval, and all easements and use limitations
shown on the face of an approved final plat map which are intended to serve or protect the general
public are deemed conditions applicable to all subsequent plat property owners, owner's tenants, and
owner's agents as permit requirements enforceable under this chapter.
K. "person" means any individual, association, partnership, corporation or legal entity, public or
private, and the agents and assigns of such individual, association, partnership, corporation or legal
entity.
L. "person responsible for a code violation" means the person who caused the violation, if that
can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or
occupancy of the property where the civil code violation occurs.
M. "public rule" means any rule properly promulgated to implement City civil code provisions of
this code.
N. "remediate" means to restore a site to a condition that complies with sensitive area or other
regulatory requirements as they existed before the violation occurred; or, for sites that have been
degraded under prior ownerships, restore to a condition which does not pose a probable threat to the
environment or to the general public health, safety or welfare.
O. "resolution" for purposes of this chapter means any resolution adopted by the City of Spokane
Valley City Council.
1.20.02. — Relationship to Growth Management Plan. This chapter is adopted as development
regulations pursuant to RCW 36.70A(Growth Management Act).
1.20.03.—Declaration of public nuisance—misdemeanor.
A. All civil code violations of this Code are hereby determined to be detrimental to the general
public health, safety and welfare and are hereby declared public nuisances. All conditions
determined to be civil--cede violations of this Code shall be subject to and enforced
pursuant to the provisions of this chapter except where specifically excluded by law or
regulation.
B. Any person who willfully or knowingly causes, aids or abets a civil-cede violation pursuant
to this chapter by any act of commission or omission is guilty of a misdemeanor. Upon
conviction, the person shall be punished by a fine not to exceed one thousand dollars
and/or incarceration for a term not to exceed ninety days. Each week (seven consecutive
days) such violation continues shall be considered a separate misdemeanor offense. As
an alternative, or in addition to any other judicial or administrative remedy provided in this
chapter or by law or other regulation, the Director may recommend that the Office of the
City Attorney file a misdemeanor complaint against the person responsible for code
violation when the City has documentation or other evidence that the violation was willful
and knowing.
1.20.04.—Enforcement, authority and administration.
A. In order to discourage public nuisances and otherwise promote compliance with applicable
code provisions, the Director City may, in response to field observations or reliable
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complaints, determine that civil code violations of this Code have occurred or are
occurring, and may:
1. Enter into voluntary compliance agreements with persons responsible for code
violations;
2. Issue citations notice of violation and assess civil penalties as authorized by this
chapter;
3. Issue notice and orders, assess civil penalties and recover costs as authorized by
this chapter;
4. Require abatement by means of a judicial abatement order, and if such abatement
is not timely completed by the person or persons responsible for a code violation,
undertake the abatement and charge the reasonable costs of such work as
authorized by this chapter;
5. Allow a person responsible for the code violation to perform community service in
lieu of paying civil penalties as authorized by SVZC 11. 106.530 this chapter;
6. Order work stopped at a site by means of a stop work order, and if such order is not
complied with, assess civil penalties as authorized by this chapter;
7. Suspend, revoke or modify any permit previously issued by the Director City or
deny a permit application as authorized by this chapter when other efforts to
achieve compliance have failed; and
8. Forward a written statement providing all relevant information relating to the
violation to the Office of City Attorney with a recommendation to prosecute willful
and knowing violations as a misdemeanor offense.
B. The procedures set forth in this title are not exclusive. These procedures shall not in any
manner limit or restrict the City from remedying or abating civil code
violations of this code in any other manner authorized by law.
C. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the City
may seek legal or equitable relief to abate any conditions or enjoin any acts or practices
which constitute a civil code violation.
D. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the City
may assess or recover civil penalties accruing under this chapter by legal action filed in
Spokane County District Court by the Office of the City Attorney.
E. The provisions of this chapter shall in no way adversely affect the rights of the owner,
lessee or occupant of any property to recover all costs and expenses incurred and required
by this chapter from any person causing such violation.
F. In administering the provisions for code enforcement, the Director City shall have the
authority to waive any one or more such provisions so as to avoid substantial injustice by
application thereof to the acts or omissions of a public or private entity or individual, or acts
or omissions on public or private property including, for example, property belonging to
public or private utilities, where no apparent benefit has accrued to such entity or individual
from a code violation. Any determination of substantial injustice shall be made in writing
supported by appropriate facts. For purposes of this clause, substantial injustice cannot be
based exclusively on financial hardship.
G. The provisions of this chapter detailing the administration of code compliance procedures
are intended only for the purpose of providing guidance to City employees and are not
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jurisdictional, and are not to be construed as creating a basis for appeal or a defense of
any kind to an alleged code violation.
H. The girester City may, upon presentation of proper credentials, with the consent of the
owner or occupier of a building or premises, or pursuant to a lawfully issued inspection
warrant, enter at reasonable times any building or premises subject to the consent or
warrant to perform the duties imposed by this chapter. It is the intent of the City Council
that any entry made to private property for the purpose of inspection for code violations be
accomplished in strict conformity with constitutional and statutory constraints on entry, and
the holdings of the relevant court cases regarding entry. The right-of-entry authorized by
this chapter shall not supersede those legal constraints.
I. The Director or his or her representative City may request that the police, appropriate fire
district, Spokane Regional Health District or other appropriate City department or other
non-city agency assist in enforcement.
1.20.05. —Guidelines for departmental responses to complaints.
A. The following guidelines should be applied by the Director City,, subject to resource
limitations, when responding to code compliance complaints. The timelines identified
below may be modified by Department rule, subject to council review and approval.
1. High risk investigations needing an urgent response (within 24 hours) include any
cases in which there is an imminent likelihood of or actual bodily harm, damage to
public resources or facilities, damage to real or personal property, public health
exposure or environmental damage or contamination.
2. Moderate risk investigations needing a prompt response (within 72 hours) include
cases in which there is risk of bodily harm, damage to public resources and/or facilities,
damage to real or personal property, or environmental damage or contamination.
3. Low risk investigations needing response as time permits (within 14 days of violation
being identified by code compliance staff) including cases where the violation is non-
emergent, does not fit within the high risk or moderate risk categories and has only
minor public impacts.
B. The response times set out in this chapter are not jurisdictional, and failure to meet them in
any particular case shall not affect the City's authority to enforce City code provisions with
regard to that case.
C. The Director is City representatives are authorized to determine, based upon past
complaints regarding a property, subsequent field investigations, and other relevant
criteria, whether a complaint is reliable. If the Direster City determines a complaint is not
reliable, the Director City is not obligated to conduct a field investigation.
1.20.06. — Initial investigation. This shapter section sets forth guidelines for more specific
procedures to be used by the Direster City in implementing this chapter. The guidelines set forth in
this chapter are not jurisdictional, and failure to meet them in any particular case shall not affect the
City's authority to enforce city code provisions with regard to that case.
A. Field verification required. Except in emergencies and for low risk case complaints, field
verification should be made if possible prior to, concurrent with, or shortly after notifying the
person responsible for the code violation or alleged code violation. Low risk case
complaints should be acknowledged by sending a letter to the person(s) responsible for
the code violation. The letter should state that a violation may have occurred, but has not
been verified, and should ask the recipient to contact the person issuing the letter.
B. Advising interested parties of receipt of complaint and/or field investigation.
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1. The person responsible for the code violation should be advised of any complaint by
personal contact; phone; posting and mail (return receipt requested).
2. The complainant should be contacted by phone, and if possible, in person during the
field visit.
C. The Director City will record all violations in a database system, including a list of all
actions taken on the complaint.
D. To the extent possible, the Department City shall check its own records and the records of
other agencies for previous violations on the site of the alleged violation or by the owner or
occupant of the site or such other person as may be responsible for the code violation.
E. Staff undertaking field investigations shall comply with the provisions of this chapter
regarding right of entry.
1.20.07.—Procedures when probable violation is identified.
A. The Director City shall determine, based upon information derived from sources such as
field observations, the statements of witnesses, relevant documents and data systems for
tracking violations and applicable City codes, whether or not a violation has occurred. As
soon as the Direstec City has reasonable cause to determine that a violation has occurred,
he or she shall document the violation and promptly notify the person(s) responsible for the
code violation.
B. Except as provided in subsection D, a warning shall be issued verbally or in writing
promptly when a field inspection reveals a violation, or as soon as the Direster City
otherwise determines a violation has occurred. The warning shall inform the person
determined to be responsible for a code violation of the violation and allow the person an
opportunity to correct it or enter into a voluntary compliance agreement as provided for by
this chapter. Verbal warnings shall be logged and followed up with a written warning within
five (5) days, and the site shall be re-inspected within fourteen (14) days.
C. No warning need be issued in high risk cases, emergencies, repeat violation cases, cases
that are already subject to a voluntary compliance agreement, cases where the violation
creates or has created a situation or condition that is not likely to be corrected within
seventy-two (72) hours, cases where a stop work order is necessary, or when the person
responsible for the code violation knows, or reasonably should have known that the action
was a civil-code violation.
D. Citations notice of violation may be issued in moderate and low risk cases, provided that
the Director City determines it is probable that the violation can likely be fully corrected in a
short period of time.
E. Notice and orders should be issued in all high risk cases in which a voluntary compliance
agreement has not been entered into within two(2) days of notification by the Director City.
Notice and orders may be issued in moderate and low risk cases where the Director City
determines that the violation is unlikely to be fully corrected in a short period of time.
F. The Director City shall use all reasonable means to determine and cite the person actually
responsible for the code violation occurring when the property owner has not directly or
indirectly caused the violation.
G. If the violation is not corrected, or a voluntary compliance agreement is not achieved within
fifteen (15) days of notification by the Director City, a notice and order or stop work order
should be issued. Citations should be issued within fifteen (15) days from receipt of a
complaint. Notice and orders should be issued within twenty (20) days from receipt of a
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complaint. Stop work orders should be issued promptly upon discovery of a violation in
progress.
H. All complainants will be asked by staff at the time the complaint is filed whether they
wish to be kept advised of enforcement efforts. Any complainant who provides a mailing
address and requests to be kept advised of enforcement efforts should be mailed a copy of all
written warnings, voluntary compliance agreements, citations notice of violation, notice and
orders, stop work orders and notices of settlement conferences issued by the Director City
with regard to the alleged violation. Any complainant may appeal a determination of code
compliance issued by the City Director pursuant to SVZC 14.106.095.
1.20.08.—Service—citation notice of violation, notice and order, and stop work order.
A. Service of a citation notice of violation or notice and order shall be made on a person
responsible for code violation by one or more of the following methods:
1. Personal service of a citation notice of violation or notice and order may be made on
the person identified by the Department City as being responsible for the code
violation, or by leaving a copy of the citation notice of violation or notice and order at
the person's house of usual abode with a person of suitable age and discretion who
resides there;
2. Service directed to the landowner and/or occupant of the property may be made by
posting the citation notice of violation or notice and order in a conspicuous place on the
property where the violation occurred and concurrently mailing notice as provided for
below, if a mailing address is available;
3. Service by mail may be made for a citation notice of violation or a notice and order by
mailing two copies, postage prepaid, one by ordinary first class mail and the other by
certified mail, to the person responsible for the code violation at his or her last known
address, at the address of the violation, or at the address of the place of business of
the person responsible for the code violation. The taxpayer's address as shown on the
tax records of Spokane County shall be deemed to be the proper address for the
purpose of mailing such notice to the landowner of the property where the violation
occurred. Service by mail shall be presumed effective upon the third business day
following the day upon which the citation notice of violation or notice and order was
placed in the mail.
B. For notice and orders only, when the address of the person responsible for the code
violation cannot be reasonably determined, service may be made by publication once in
the City's newspaper of record. Service by publication shall conform to the requirements
of Civil Rule 4 of the Rules for Superior Court.
C. Service of a stop work order on a person responsible for a code violation may be made by
posting the stop work order in a conspicuous place on the property where the violation
occurred or by serving the stop work order in any other manner permitted by this chapter.
D. The failure of the Director City to make or attempt service on any person named in the
citation notice of violation, notice and order or stop work order shall not invalidate any
proceedings as to any other person duly served.
1.20.09.—Training and rulemaking.
A. In order to ensure strict conformity with the constraints on entry imposed by state and
federal law, and to ensure that City employees deal with the public in a manner which
respects the rights of private property owners, the Director City shall develop and adopt
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internal procedures, protocols and training programs governing the conduct of searches by
compliance officers.
B. The Director City shall adopt procedures to implement the provisions of this chapter, and
specifically the guidelines set out in this chapter describing reasonable and appropriate
protocols for investigating code violations.
1.20.10. —Obligations of persons responsible for code violation.
A. It shall be the responsibility of any person identified as responsible for a code violation to
bring the property into a safe and reasonable condition to achieve code compliance.
Payment of civil penalties, applications for permits, acknowledgement of stop work orders
and compliance with other remedies does not substitute for performing the corrective work
required and having the property brought into compliance to the extent reasonably possible
under the circumstances.
B. Persons determined to be responsible for a code violation pursuant to a citation notice of
violation or notice and order shall be liable for the payment of any civil penalties and
abatement costs, provided however, that if a property owner affirmatively demonstrates
that the action which resulted in the violation was taken without the owner's knowledge or
consent by someone other than the owner or someone acting on the owner's behalf, that
owner shall be responsible only for bringing the property into compliance to the extent
reasonably feasible under the circumstances. Should the owner not correct the violation,
only those abatement costs necessary to bring the property into a safe and reasonable
condition, as determined by the Director City, shall be assessed by the City. No civil
penalties shall be assessed against such an owner or his or her property interest.
1.20.11. — Determination of compliance. After issuance of a warning, voluntary compliance
agreement, sitatien notice of violation, notice and order, or stop work order, and after the person(s)
responsible for a violation have come into zoning code compliance to the satisfaction of the Director,
the Director City shall issue a written determination of compliance. The Director City shall mail copies
of the determination of compliance to each person originally named in the warning, voluntary
compliance agreement, citation, notice and order, or stop work order, as well as the complainant, by
certified mail, five-day return receipt requested.
1.20.12.—Voluntary compliance agreement—authority.
A. Whenever the Director City determines that a code violation has occurred or is occurring,
the Director City shall make reasonable efforts to secure voluntary compliance from the
person responsible for the code violation. Upon contacting the person responsible for the
code violation, the Director City may enter into a voluntary compliance agreement as
provided for in this chapter.
B. A voluntary compliance agreement may be entered into at any time after issuance of a
verbal or written warning, a citation notice of violation, notice and order or a stop work
order and before an appeal is decided pursuant to SVZC 14.406.630.
C. Upon entering into a voluntary compliance agreement, a person responsible for a code
violation waives the right to administratively appeal, and thereby admits that the conditions
described in the voluntary compliance agreement existed and constituted a siv+l code
violation.
D. The voluntary compliance agreement shall incorporate the shortest reasonable time period
for compliance, as determined by the Pk-ester City. An extension of the time limit for
compliance, or a modification of the required corrective action may be granted by the
Director City if the person responsible for the code violation has shown due diligence or
substantial progress in correcting the violation, but circumstances render full and timely
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compliance under the original conditions unattainable. Any such extension or modification
must be in writing and signed by the Director authorized representative of the City and
person(s)who signed the original voluntary compliance agreement.
E. The voluntary compliance agreement is not a settlement agreement.
1.20.13. —Voluntary compliance agreement—contents.
A. The voluntary compliance agreement is a written, signed commitment by the person(s)
responsible for a code violation in which such person(s) agrees to abate the violation,
remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance
agreement shall include the following:
1. The name and address of the person responsible for the code violation;
2. The address or other identification of the location of the violation;
3. A description of the violation and a reference to the provision(s) of the ordinance,
resolution or regulation which has been violated;
4. A description of the necessary corrective action to be taken and identification of the
date or time by which compliance must be completed;
5. The amount of the civil penalty that will be imposed pursuant to SVZC 111.106.500 if the
voluntary compliance agreement is not satisfied;
6. An acknowledgement that if the Director City determines that the terms of the voluntary
compliance agreement are not met, the City may, without issuing a citation notice of
violation, notice and order or stop work order, impose any remedy authorized by this
chapter, enter the real property and perform abatement of the violation by the City,
assess the costs incurred by the City to pursue code compliance and to abate the
violation, including reasonable legal fees and costs, and the suspension, revocation or
limitation of a development permit obtained or to be sought by the person responsible
for the code violation;
7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or
cost is not paid, the Director City may charge the unpaid amount as a lien against the
property where the eivil code violation occurred if owned by the person responsible for
the code violation, and that the unpaid amount may be a joint and several personal
obligation of all persons responsible for the violation;
8. An acknowledgement that by entering into the voluntary compliance agreement, the
person responsible for the code violation thereby admits that the conditions described
in the voluntary compliance agreement existed and constituted a civil code violation;
and
9. An acknowledgement that the person responsible for the code violation understands
that he or she has the right to be served with a citation-notice of violation, notice and
order, or stop work order for any violation identified in the voluntary compliance
agreement, has the right to administratively appeal any such citation notice of violation,
notice and order, or stop work order, and that he or she is knowingly, voluntarily and
intelligently waiving those rights.
1.20.14. —Failure to meet terms of voluntary compliance agreement.
A. If the terms of the voluntary compliance agreement are not completely met, and an
extension of time has not been granted, the Director authorized representatives of the City
may enter the real property and abate the violation without seeking a judicial abatement
order. The person responsible for code compliance may, without being issued a citation
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notice of violation, notice and order, or stop work order, be assessed a civil penalty as set
forth by this chapter, plus all costs incurred by the City to pursue code compliance and to
abate the violation, and may be subject to other remedies authorized by this chapter.
Penalties imposed when a voluntary compliance agreement is not met accrue from the
date that an appeal of any preceding citation notice of violation, notice and order, or stop
work order was to have been filed or from the date the voluntary compliance agreement
was entered into if there was not preceding citation notice of violation, notice and order, or
stop work order.
B. The Director City may issue a citation notice of violation, notice and order, or stop work
order for failure to meet the terms of a voluntary compliance agreement.
1.20.15. — Citations — authority. Whenever the Director City has determined, based upon
investigation of documents and/or physical evidence, that a civil code violation has occurred, the
Director City may issue a citation to any person responsible for code violation. The Director City shall
make a determination whether or not to issue a citation within fifteen (15) days of receiving a
complaint alleging a violation or otherwise discovering that a violation may potentially exist.
Subsequent complaints shall be treated as new complaints for purposes of this chapter. However,
such subsequent complaints shall not constitute a separate violation to which the penalties of this
chapter apply.
1.20.16.—Citations Notice of Violation—effect.
A. A cltatien notice of violation represents a determination that a civil code violation has
occurred and that the cited party is a person responsible for a code violation.
B. A citation notice of violation subjects the person responsible for a code violation to civil
penalties prescribed by SVZC 11.106.500.
C. The person responsible for a code violation shall either pay the civil penalties assessed
within twenty (20) days of the date of issuance of the citation notice of violation, or appeal
the citation notice of violation according to the procedures described herein in SVZC
11A 06.600 630.
D. Failure to appeal the citation notice of violation within twenty (20) days shall render the
citation notice of violation a final determination that the conditions described in the eitatien
notice of violation existed and constituted a civil-code violation, and that the cited party is
liable as a person responsible.
E. Imposition of a civil penalty creates a joint and several personal obligation in all persons
responsible for a code violation who are served with notice of the violation. The Office of
the City Attorney, on behalf of the City of Spokane Valley, may collect the civil penalties
assessed by any appropriate legal means.
F. Issuance of a citation notice of violation in no way limits the City's authority to issue a
notice and order or stop work order to any person responsible for a code violation pursuant
to this chapter.
1.20.17.—Citation Notice of Violation—contents. The citation notice of violation shall include all of
the following information:
A. The address, when available, or location of the civil code violation;
B. A legal description of the real property or the Spokane County tax parcel number where
the violation occurred or is located, or a description identifying the property by commonly
used locators;
C. A statement that the Di-Fester City has found the named person(s)to have committed a civil
code violation and a brief description of the violation(s)found;
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D. A statement of the specific ordinance, resolution, regulation, public rule, permit condition,
notice and order provision or stop work order provision that was or is being violated;
E. A statement that the sitatien notice of violation represents a determination that a civil code
violation has occurred and that the cited party is subject to a civil penalty;
F. A statement of the amount of the civil penalty assessed, that payment of the civil penalties
assessed under this chapter does not relieve a person found to be responsible for a code
violation of his or her duty to correct the violation and/or to pay any and all civil penalties or
other cost assessments issued pursuant to this chapter, and that the penalty must be paid
within twenty (20)days, if not appealed pursuant to SVZC 11.106.600 630.
F. A statement of the corrective or abatement action required to be taken and that all required
permits to perform the corrective action must be obtained from the proper issuing agency;
G. A statement advising that any person named in the citation notice of violation, or having
any record or equitable title in the property against which the citation is issued may appeal
from the citation to the Hearing Examiner within twenty (20) days of the date of service of
the citation;
H. A statement advising that a failure to appeal the citation notice of violation within twenty
(20) days renders the citation notice of violation a final determination that the conditions
described in the citation notice of violation existed and constituted a civil code violation,
and that the named party is liable as a person responsible for a code violation; and
I. A statement advising that a willful and knowing violation may be referred to the Office of
the City Attorney for prosecution pursuant to SVZC 11.106.025.
1.20.18.—Citation Notice of Violation—modification or revocation.
A. The Director City may add to, revoke in whole or in part, or otherwise modify a citation
notice of violation by issuing a written supplemental citation. The supplemental sitaticn
notice of violation shall be governed by the same procedures and time limits applicable to
all citation¬ice of violation contained in this chapter.
B. The Director City may issue a supplemental citation, or revoke a citation issued under this
chapter:
1. if the original citation notice of violation was issued in error;
2. whenever there is new information or change of circumstances; or
3. if a party to a citation notice of violation was incorrectly named.
C. Such revocation or modification shall identify the reasons and underlying facts for
modification or revocation, and shall be served on the person responsible for a violation in
conformity with this article.
1.20.19. — Citation Notice of Violation — remedy — civil penalties. A citation shall carry a civil
penalty to be determined with reference to the schedule contained herein in SVZC 11.106.500.
1.20.20. — Notice and order — authority. When the -1D-ifectef City has reason to believe, based on
investigation of documents and/or physical evidence, that a code violation exists or has occurred, or
that the civil code violations cited in a citation notice of violation have not been corrected, or that the
terms of a voluntary compliance agreement have not been met, the Difectef City is authorized to issue
a notice and order to any person responsible for a code violation. The Director City shall make a
determination whether or not to issue a notice and order within twenty (20) days of receiving a
complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within
ten (10) days of the end of a voluntary compliance agreement time period which has not been met.
11
Subsequent complaints shall be treated as new complaints for the purposes of this chapter. Issuance
of a sitatier}notice of violation is not a condition precedent to the issuance of a notice and order.
1.20.21.—Notice and order—effect.
A. A notice and order represents a determination that a violation has occurred, that the cited
party is a person responsible for a code violation, and that the violations set out in the
notice and order require the assessment of penalties and other remedies that may be
specified in the notice and order.
B. Upon a determination by the City that a violation has occurred pursuant to a notice and
order, the Dir-caster City is authorized to impose civil penalties
pursuant to SVZC 11.106.500 580.
C. Any person identified in the notice and order as responsible for a code violation may
appeal the notice and order within twenty (20) days ---e e.. - -- - e--e - -- e'-- - -
in SVZC 11.106.600 630.
D. Failure to appeal the notice and order within the applicable time limits shall render the
notice and order a final determination that the conditions described in the notice and order
existed and constituted a violation, and that the named party is liable as a person
responsible for a code violation.
E. Issuance of a notice and order in no way limits a Director's the City's authority to issue a
sitatier4 notice of violation or stop work order to a person previously cited through the notice
and order process pursuant to this chapter.
1.20.22. — Notice and order — contents. The notice and order shall contain the following
information:
A. The address, when available, or location of the violation;
B. A legal description of the real property or the Spokane County tax parcel number where
the violation occurred or is located, or a description identifying the property by commonly
used locators;
C. A statement that the Director City has found the named person(s) to have committed a
violation and a brief description of the violation(s)found;
D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule,
permit condition, notice and order provision or stop work order that was or is being
violated;
E. A statement that a civil penalty is being assessed, including the dollar amount of the civil
penalties per separate violation, and that any assessed penalties must be paid within
twenty (20) days of service of the notice and order;
F. A statement advising that any costs of enforcement incurred by the City shall also be
assessed against the person to whom the notice and order is directed;
G. A statement that payment of the civil penalties assessed under this chapter does not
relieve a person found to be responsible for a code violation of his or her duty to correct
the violation and/or to pay any and all civil penalties or other cost assessments issued
pursuant to this chapter;
H. A statement advising that the notice and order will be recorded against the property in the
Spokane County Auditor's Office subsequent to service;
I. A statement of the corrective or abatement action required to be taken and that all required
permits to perform the corrective action must be obtained from the proper issuing agency;
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J. A statement advising that, if any required work is not commenced or completed within the
time specified by the notice and order, the Direster—City may proceed to seek a judicial
abatement order from Spokane County Superior Court to abate the violation pursuant to
SVZC 14.406.580.
K. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the
due date, the Director City may charge the unpaid amount as a lien against the property
where the civil code violation occurred if owned by a person responsible for a violation, and
as a joint and several personal obligation of all persons responsible for a code violation;
L. A statement advising that any person named in the notice and order, or having any record
or equitable title in the property against which the notice and order is recorded may appeal
from the notice and order to the Hearing Examiner within twenty (20) days of the date of
service of the notice and order;
M. A statement advising that a failure to correct the violations cited in the notice and order
could lead to the denial of subsequent Spokane Valley permit applications on the subject
property;
N. A statement advising that a failure to appeal the notice and order within the applicable time
limits renders the notice and order a final determination that the conditions described in the
notice and order existed and constituted a violation, and that the named party is liable as a
person responsible for a violation; and
O. A statement advising the person responsible for a code violation of his/her duty to notify
the Director City of any actions taken to achieve compliance with the notice and order.
P. A statement advising that a willful and knowing violation may be referred to the Office of
the City Attorney for prosecution :. -- : - . - '=.! -.
1.20.23.—Notice and order—recording.
A. When a notice and order is served on a person responsible for a code violation, the
Dicester City shall file a copy of the same with the Spokane County Auditor's Office.
B. When all violations specified in the notice and order have been corrected or abated to the
satisfaction of the Direeter City, the Dicester City shall file a certificate of compliance with
the Spokane County Auditor's Office within five days of receiving evidence of abatement.
The certificate shall include a legal description of the property where the violation occurred
and shall state whether any unpaid civil penalties for which liens have been filed are still
outstanding and, if so, shall continue as liens on the property.
C. After all liens have been satisfied, the Director City shall file a notice of satisfaction of lien
with the Spokane County Auditor's Office within five days of final payment to City.
1.20.24.—Notice and order—supplementation, revocation, modification.
A. The Director City may add to, revoke in whole or in part, or otherwise modify a notice and
order by issuing a written supplemental notice and order. The supplemental notice and
order shall be governed by the same procedures and time limits applicable to all notice and
orders contained in this chapter.
B. The Director City may issue a supplemental notice and order, or revoke a notice and order
issued under this chapter:
1. If the original notice and order was issued in error;
2. Whenever there is new information or change of circumstances; or
3. If a party to an order was incorrectly named.
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C. Such revocation or modification shall identify the reasons and underlying facts for
modification or revocation, and shall be filed with the Spokane County Auditor's Office.
1.20.25. — Notice and order - administrative conference. An informal administrative conference
may be conducted by the Director City at any time for the purpose of facilitating communication
among concerned persons and providing a forum for efficient resolution of any violation. Interested
parties shall not unreasonably be excluded from such conferences.
1.20.26. —Notice and order—remedies—suspension, revocation or limitation of permit.
A. The Director City may suspend, revoke or modify any permit issued by such Director the
City whenever:
1. The permit holder has committed a violation in the course of performing activities
subject to that permit;
2. The permit holder has interfered with the Director authorized representatives of the City
in the performance of his or her duties related to that permit;
3. The permit was issued in error or on the basis of materially incorrect information
supplied to the City;
4. Permit fees or costs were paid to the City by check and returned from a financial
institution marked non-sufficient funds (NSF)or canceled; or
5. For a permit or approval that is subject to sensitive area review, the applicant has failed
to disclose a change of circumstances on the development proposal site which
materially affects an applicant's ability to meet the permit or approval conditions, or
which makes inaccurate the sensitive area study that was the basis for establishing
permit or approval conditions.
B. Such suspension, revocation, or modification shall be carried out through the notice and
order provisions of this chapter and shall be effective upon the compliance date
established by the notice and order. Such suspension, revocation or modification may be
appealed to the Hearing Examiner using the appeal provisions of this chapter.
C. Notwithstanding any other provision of this chapter, the Director City may immediately
suspend operations under any permit by issuing a stop work order.
1.20.27.—Notice and order— remedies—denial off permit.
A. The City may deny a permit when, with regard to the site or project for which the permit is
submitted:
1. Any person owning the property or submitting the development proposal has been
found in violation of any ordinance, resolution, regulation or public rule of the City that
regulates or protects the public health, safety and welfare, or the use and development
of land and water; and/or
2. Any person owning the property or submitting the development proposal has been
found in violation and remains in violation of the conditions of any permit, notice and
order or stop work order issued pursuant to any such ordinance, resolution, regulation
or public rule; and/or
B. In order to further the remedial purposes of this chapter, such denial may continue until the
violation is cured by restoration accepted as complete by the City and by payment of any
civil penalty imposed for the violation, except that permits or approvals shall be granted to
the extent necessary to accomplish any required restoration or cure.
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1.20.28.— Notice and order— remedies —abatement. In addition, or as an alternative, to any other
judicial or administrative remedy, the Directer City may use the notice and order provisions of this
chapter to order any person responsible for a code violation to abate the violation and to complete the
work at such time and under such conditions as the Director City determines reasonable under the
circumstances. If the required corrective work is not commenced or completed within the time
specified, the Director City may seek a judicial abatement order pursuant to this chapter.
1.20.29. —Stop work order—authorized. The Director City is authorized to issue a stop work order
to a person responsible for a code violation. Issuance of a citation notice of violation or notice and
order is not a condition precedent to the issuance of the stop work order.
1.20.30. —Stop work order—effect.
A. A stop work order represents a determination that a civil code violation has occurred or is
occurring, and that any work or activity that caused, is causing or contributing to the
violation on the property where the violation has occurred, or is occurring, must cease.
B. A stop work order requires the immediate cessation of the specified work or activity on the
named property. Work activity may not resume unless specifically authorized in writing by
the Director City.
C. A stop work order may be appealed according to the procedures prescribed in this chapter
by SVZC 11.106.600 630.
D. Failure to appeal the stop work order within twenty (20) days renders the stop work order a
final determination that the civil code violation occurred and that work was properly ordered
to cease.
E. A stop work order may be enforced by the City Police.
1.20.31.—Stop work order—remedy—civil penalties.
A. In addition to any other judicial or administrative remedy, the Director City may assess civil
penalties for the violation of any stop work order according to the civil penalty schedule
established in Section 1.20.33 of this chapter SVZC 11.106.500.
B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day
the stop work order is violated, and shall cease accruing on the day the work is actually
stopped.
C. Violation of a stop work order shall be a separate violation from any other civil code
violation.
1.20.32. — Stop work order — remedy — criminal penalties. In addition to any other judicial or
administrative remedy, the Director City may forward to the Office of City Attorney a detailed factual
background of the alleged violation with a recommendation that a misdemeanor charge be filed
against the person(s) responsible for any willful violation of a stop work order.
1.20.33.—Civil penalties—assessment schedule.
A. Civil penalties for civil code violations shall be imposed for remedial purposes and shall be
assessed for each violation identified in a citation notice of violation, notice and order or
stop work order, pursuant to the following schedule:
1.Citations Notice of Violation $250
2. Notice and orders and stop work orders
a. basic initial penalty $500
b.additional initial penalties may be added where there is:
1.public health risk—amount depends on severity $0-2,500
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2.environmental damage-amount depends on severity $0-2,500
3.damage to property-amount depends on severity 50-2,500
4. history of similar violations(less than three) $0-1,000
5. history of similar violations(three or more) $0-5,000
6.economic benefit to person responsible for violation $0-5,000
c.the above penalties may be offset by the following compliance
1. full compliance with a voluntary compliance agreement with prior $0-1,500
history of 0-1 similar violations
2.full compliance with a voluntary compliance agreement and a history of $0-250
two or more prior similar violations
B. The total initial penalties assessed for notice and orders and stop work orders pursuant to
this chapter shall apply for the first thirty day period following issuance of the order, unless
another time period is specified in a voluntary compliance agreement. If a voluntary
compliance agreement is not entered into within that time period, and no appeal is filed,
the penalties for the next fifteen day period shall be one hundred fifty percent(150%) of the
initial penalties, and the penalties for the next fifteen day period shall be two hundred
percent (200%) the amount of the initial penalties. The intent of this subsection is to
increase penalties beyond the maximum penalties stated in SVZC 11.'106.500(A) as an
additional means to achieve timely compliance.
C. Citations Notice of violation shall be subject to a one-time penalty per violation. The
Director City retains authority to issue a subsequent notice and order or stop work order for
continued non-compliance. In that event, additional penalties shall be imposed.
D. Civil penalties shall be paid within twenty (20) days of service of the citation notice of
violation, notice and order or stop work order if not appealed. Payment of the civil
penalties assessed under this chapter does not relieve a person found to be responsible
for a code violation of his or her duty to correct the violation and/or to pay any and all civil
penalties or other cost assessments issued pursuant to this article.
E. The Director City may suspend civil penalties pursuant to SVZC 111.106.500(A)(c) if the
person responsible for a code violation has entered into a voluntary compliance
agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary
compliance agreement if any necessary permits applied for are denied, canceled or not
pursued, or if corrective action identified in the voluntary compliance agreement is not
completed as specified.
F. Civil penalties assessed create a joint and several personal obligation in all persons
responsible for a code violation.
G. In addition to, or in lieu of, any other state or local provision for the recovery of civil
penalties, the City may file for record with the Spokane County Auditor to claim a lien
against the real property for the civil penalties assessed under this chapter if the violation
was reasonably related to the real property. Any such lien can be filed under this chapter
if, after the expiration of thirty (30) days from when a person responsible for a code
violation receives the citation notice of violation, notice and order or stop work order
(excluding any appeal) any civil penalties remain unpaid in whole or in part.
1.20.34. -Civil penalties —duty to comply. Persons responsible for a code violation have a duty to
notify the Direstef City in writing of any actions taken to achieve compliance with the notice and order.
For purposes of assessing civil penalties, a violation shall be considered ongoing until the person
responsible for a code violation has come into compliance with the notice and order, voluntary
compliance agreement, or stop work order, and has provided sufficient evidence of such compliance.
16
1.20.35. - Civil penalties — community service. The Director City is authorized to allow a person
responsible for a code violation who accumulates civil penalties as a result of a eitatiee notice of
violation, notice and order, or for failure to comply with the terms of a voluntary compliance
agreement, to voluntarily participate in community service projects in lieu of paying all or a portion of
the assessed civil penalties. Community service may include, but is not limited to, abatement,
restoration or education programs designed to clean up the City. The amount of community service
will reasonably relate to the comparable value of penalties assessed against the violator. The rate at
which civil penalties are worked off under this subsection is $10.00 per hour. The air-este; City shall
take into consideration the severity of the violation, any history of previous violations and practical and
legal impediments in considering whether to allow community service in lieu of paying penalties.
1.20.36. -Civil penalties—waivers.
A. Civil penalties may be waived or reimbursed to the payor by the Director City under the
following circumstances:
1. The sitatien notice of violation, notice and order or stop work order was issued in error;
or
2. The civil penalties were assessed in error; or
3. Notice failed to reach the property owner due to unusual circumstances; or
4. New, material information warranting waiver has been presented to the City since the
Gitatian notice of violation, notice and order or stop work order was issued.
B. The Director City shall state in writing the basis for a decision to waive penalties, and such
statement shall become part of the public record unless privileged.
1.20.37. -Civil penalties—critical areas.
A. The code compliance provisions for critical areas are intended to protect critical areas and
the general public from harm, to meet the requirements of RCW 36.70A (the Growth
Management Act), and to further the remedial purposes of this chapter. To achieve this,
persons responsible for a code violation will not only be required to restore damaged
critical areas, insofar as that is possible and beneficial, but will also be required to pay a
civil penalty for the redress of ecological, recreation, and economic values lost or damaged
due to their unlawful action.
B. The provisions of SVZC 1/1. 06.550 this section are in addition to, and not in lieu of, any
other penalty, sanction or right of action provided by law for other related violations.
C. Where feasible, the owner of the land on which the violation occurred shall be named as a
party to the notice and order. In addition to any other persons who may be liable for a
violation, and subject to the exceptions provided in SVZC 1'1A06.090 in this chapter, the
owner shall be jointly and severally liable for the restoration of a site and payment of any
civil penalties imposed.
D. e • e_ ___- _ _ _ _ •.- ! -_e, violation of critical area provisions of this code
means:
1. The violation of any provision of City Ordinance No. 49 (Interim Critical Areas
Ordinance) or of the administrative rules promulgated thereunder. Ordinance
number 49 adopted Spokane County Code, chapter 11.20, as its interim critical
areas regulations;
2. The failure to obtain a permit required for work in a critical area; or
3. The failure to comply with the conditions of any permit, approval, terms and
conditions of any sensitive area tract or setback area, easement, covenant, plat
17
restriction or binding assurance, or any notice and order, stop work order,
mitigation plan, contract or agreement issued or concluded pursuant to the above-
mentioned provisions.
E. Any person in violation of the critical areas ordinance may be subject to civil penalties,
costs and fees as follows:
1. According to the civil penalty schedule under SVZC 11.106.500, Section 1.20.33 of
this chapter, provided that the exact amount of the penalty per violation shall be
determined by the Director City based on the physical extent and severity of the
violation; or
2. The greater of:
a. an amount determined to be equivalent to the economic benefit that the
person responsible for a code violation derives from the violation, measured
as the total of:
1) the resulting increase in market value of the property;
2) the value received by the person responsible for a violation;
3) the savings of construction costs realized by the person responsible
for a code violation as a result of performing any act in violation of
the critical area ordinance; or
b. Code compliance costs (such amount not to exceed $25,000.00)
incurred by the City to enforce City Ordinance number 49 (Interim
Critical Areas Ordinance) as adopted or hereafter amended or replaced
with permanent Critical Areas ordinances or regulations against the
person responsible for a code violation.
1.20.38. -Cost recovery.
A. In addition to the other remedies available under this chapter, upon issuance of a notice
and order or stop work order the Questar City shall charge the costs of pursuing code
compliance and abatement incurred to correct a code violation to the person responsible
for a code violation. These charges include:
1. Reasonable legal fees and costs. For purposes of SVZC 14.406, "reasonable legal
fees and costs" shall include, but is not limited to legal personnel costs, both direct
and indirect, incurred to enforce the provisions of this chapter; and
2. Administrative personnel costs. For purposes of SVZC 14.406, "administrative
personnel costs" shall include, but are not limited to administrative employee costs,
both direct and indirect, incurred to enforce the provisions of this chapter; and
3. Abatement costs. The Director City shall keep an itemized account of costs incurred
by the City in the abatement of a violation under this chapter. Upon completion of any
abatement work, the Director City shall prepare a report specifying a legal description
of the real property where the abatement work occurred, the work done for each
property, the itemized costs of the work, and interest accrued; and
4. Actual expenses and costs of the City in preparing notices, specifications and
contracts; in accomplishing or contracting and inspecting the work; and the costs of
any required printing, mailing or court filing fees.
B. Such costs are due and payable thirty (30) days from mailing of the invoice.
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C. All costs assessed by the City in pursuing code compliance and/or abatement create a
joint and several personal obligation in all persons responsible for a violation. The Office
of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts
by any appropriate legal means.
D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the
City may, after abating a violation pursuant to this article, file for record with the Spokane
County Auditor to claim a lien against the real property for the assessed costs identified in
this chapter if the violation was reasonably related to the real property, in accordance with
the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in
the same manner as such liens.
E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed
on the same property and shall be superior to all other liens, except for state and county
taxes,with which it shall share priority. The City of Spokane Valley may cause a claim for lien
to be filed for record within ninety (90) days from the later of the date that the monetary
penalty is due or the date the work is completed or the nuisance abated. The claim of lien
shall contain sufficient information regarding the notice of violation, a description of the
property to be charged with the lien, the owner of record, and the total of the lien. Any such
claim of lien may be amended from time to time to reflect changed conditions. Any such lien
shall bind the affected property for the period as provided for by state law.
1.20.39.—Collection of civil penalties, fees and costs. The Pirestor City may use the services of a
collection agency in order to collect any civil penalties, fees, costs and/or interest owing under this
chapter.
1.20.40. -Abatement
A. Emergency Abatement: Whenever a condition constitutes an immediate threat to the public
health, safety or welfare or to the environment, the City may summarily and without prior
notice abate the condition. Notice of such abatement, including the reason for it, shall be
given to the person responsible for the violation as soon as reasonably possible after the
abatement.
B. Judicial Abatement: The City may seek a judicial abatement order from Spokane County
Superior Court,to abate a condition which continues to be a violation of this code where other
methods of remedial action have failed to produce compliance.
C. The City shall seek to recover the costs of abatement as authorized by this article.
1.20.41. -Code compliance abatement fund—authorized.
A. All monies collected from the assessment of civil penalties and for abatement costs and
work shall be allocated to support expenditures for abatement, and shall be accounted for
through either creation of an account in the fund for such abatement costs, or other
appropriate accounting mechanism.
B. Funds needed to abate a violation by the City shall be obtained from the abatement fund.
1.20.42. -Administrative appeals—standing -filing requirements.
A. Any person issued a sitatien notice of violation or named in a notice and order or
stop work order, and any owner of the land where the violation for which a citation,
notice of violation, notice and order or stop work order is issued occurred, may file
a notice of appeal of the following:
1. citation notice of violation;
2. notice and order;
19
3. stop work order;
B. A complainant who requests to be kept advised pursuant to SVZC 11.106.060(1)
may appeal a determination of compliance by the Director City.
C. A person that does not meet the requirements of SVZC 11.106.600(A) or (B)
above does not have standing to appeal under this chapter.
D. Any person filing an appeal under this chapter who was issued a citation notice of
violation or order, or is the owner of the land where the violation occurred, shall do
so by obtaining the appeal form from the Director City and filing the completed
appeal form within twenty (20) days of service of the citation
notice of violation, notice and order or stop work order. A complainant who
appeals the determination of compliance by the Director City must file any such
appeal within twenty(20) days of service of the determination of compliance.
E. Any administrative appeal considered under this chapter will be determined by the
Hearing Examiner pursuant to Spokane Valley Ordinance 57, unless in conflict
with specific provisions of this chapter, in which case the specific provisions of this
chapter shall control.
1.20.43. —Administrative appeal — notice of hearing. Upon receipt of a notice of appeal, the City
shall provide a hearing notice stating the time, location and date of the hearing on the issues identified
on the notice of violation, notice and order or stop work order. The City shall mail this notice by
certified mail, five-day return receipt requested, to the person(s) responsible for a violation.
1.20.44. -Administrative appeal —procedures.
A. The appeal hearing shall be conducted as provided for in Spokane Valley Ordinance 57 as
adopted or hereafter amended.
B. Enforcement of any notice and order of the Director City issued pursuant to this article
shall be stayed during the pendency of any administrative appeal except when the Director
City determines that the violation poses a significant threat of immediate and/or irreparable
harm and so states in any notice and order issued.
C. Enforcement of any stop work order issued pursuant to this chapter shall not be stayed
during the pendency of any administrative appeal under this title chapter.
D. When multiple citation., notices of violation, notices and order or stop work orders have
been issued, simultaneously for any set of facts constituting a violation, only one appeal of
all the enforcement actions shall be allowed.
1.20.45.—Administrative appeal—final order.
A. Following review of the evidence, the Hearing Examiner shall issue a written order
containing findings and conclusions, and shall affirm or modify the citation notice of
violation, notice and order or stop work order previously issued if the Hearing Examiner
finds that a violation has occurred. The Hearing Examiner shall uphold the appeal and
reverse the citation or order if the examiner finds that no violation occurred.
B. If an owner of property where the violation has occurred has affirmatively demonstrated
that the violation was caused by another person or entity not the agent of the property
owner and without the owner's knowledge or consent, such property owner shall be
responsible only for abatement of the violation. Strict compliance with permit requirements
may be waived regarding the performance of such abatement in order to avoid doing
substantial injustice to a non-culpable property owner.
20
C. The Hearing Examiner's final order shall be final and conclusive unless proceedings for
review of the decision are properly commenced in Spokane County Superior Court within
the time period specified by applicable state law.
D. A final order by the Hearing Examiner affirming, revoking or modifying a citation notice of
violation, notice and order or stop work order is a final decision.
1.20.46. -Judicial enforcement—petition for enforcement.
A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on
behalf of the City, may seek enforcement of the esters-Citv's order by filing a petition for
enforcement in Spokane County Superior Court.
B. The petition must name as respondent each person against whom the Director City seeks
to obtain civil enforcement.
C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or
permanent injunctive relief, and any other civil remedy provided by law, or any combination
of the foregoing.
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City of Spokane Valley
Community Development Department
LONG RANGE PLANNING SECTION
FORMAT FOR NEIGHBORHOOD MEETINGS-7 P.M. START OF FORMAL MEETING,
6:30 START OF OPEN HOUSE PORTION.
1. FIRST 1/2 HOUR IS AN "OPEN HOUSE" WITH VARIOUS MAPS AND DISPLAYS
WITH STAFF AND PLANNING COMMISSIONERS AVAILABLE FOR DISCUSSION
INCLUDING THE FOLLOWING:
• EXISTING LAND USE MAP
• INTERIM ZONING MAP
• INTERIM COMPREHENSIVE PLAN MAP
• PARKS MAP
• CITY CENTER (TOD) INFORMATION
• ARTERIAL ROAD PLAN MAP
• SEWER BASIN-6 YEAR PROJECTS MAP
• NEIGHBORHOOD MAP
• WATER PURVEYOR MAP
• SCHOOL DISTRICT MAP
• DEMOGRAPHIC MAP(S)
• STA Bus ROUTE AND Bus STOP MAP
2. OVERVIEW OF GMA REQUIREMENTS-ELEMENTS, POPULATION
ALLOCATIONS, ETC. - USE POWER POINT PRESENTATION
3. OVERVIEW OF COMPREHENSIVE PLAN ISSUES- USE POWER POINT
• LAND USE-CITY CENTER
• TRANSPORTATION-COUPLET
• PARKS
• WASTE WATER TREATMENT
• SERVICE PROVIDERS -WHO PROVIDES WHAT
• OTHER
4. SMALL GROUPS- BREAK-OUT INTO SMALL GROUPS. GROUPS WILL BE PRE-
ASSIGNED BY COLOR CODING HAND OUT MATERIALS THAT PEOPLE PICK-UP PRIOR
TO MEETING.
• GROUP TASKS WILL BE FOR EACH GROUP MEMBER TO IDENTIFY THE
FOLLOWING IF THEY WERE "MAYOR FOR A DAY":
1. WHAT 3 CITY-WIDE ISSUES WOULD THEY ADDRESS; AND
2. WHAT 3 NEIGHBORHOOD ISSUES WOULD THEY ADDRESS?
• RESPONSES ARE RECORDED BY STAFF AT EACH TABLE.
• ONCE ALL RESPONSES ARE GATHERED, TABLE VOTES (BY HAND) ON THE TOP
3 OF EACH CATEGORY.
5. SMALL GROUPS REPORT TO LARGER GROUP. TOP THREE RESPONSES FOR
BOTH CITY-WIDE AND NEIGHBORHOOD ISSUES FROM EACH SMALL GROUP ARE
RECORDED. LARGER GROUP VOTES (DOT GAME) ON TOP THREE ISSUES FOR BOTH
CITY-WIDE AND NEIGHBORHOOD ISSUES USING A DIFFERENT COLOR FOR THE
LEVEL OF ISSUES.
6. WRAP-UP/SUMMARY OF OUTCOMES. ANNOUNCEMENTS OF UPCOMING
COMPREHENSIVE PLAN EVENTS, MEETINGS (COUNCIL AND PLANNING
COMMISSION), ETC..
LOGISTICAL ISSUES:
• STAFFING
• PLANNING COMMISSION ATTENDANCE/ROLES
• MAP PRODUCTION
• HANDOUT MATERIALS
• MEETING FACILITY
• OTHERS ...